…17, in XII Y.B. UNCITRAL 75, 90 (1981)). In 2006, the UNCITRAL Model Law revised version was released again without any reference to confidentiality. In some jurisdictions, despite a lack…
…based on the UNCITRAL Model Law across Africa has increased over the years, only six African states in Sub-Saharan Africa have adopted laws based on the UNCITRAL Model Law. The…
…Justice pursuant to Article 34(2) of the UNCITRAL Model Law on International Commercial Arbitration (1985) (the “Model Law”). In particular, Mexico relied on Article 34(2)(a)(iii) to argue that the tribunal…
…(such as the UNCITRAL Model Law), subject only to certain safeguards necessary in the public interest. The exercise of this discretion and an arbitrator’s approach to the resolution of the…
…or subject to UNCITRAL proceedings. The revisions in ICC Rules could encourage parties to opt for the ICC as an alternative institution. Only time will tell on the success of…
…of recalcitrant parties4)Lord Mustill, ‘Arbitration: History and Background’, Journal of International Arbitration 6(2) (1989) 43, 54-55. Building on the foundations laid in the 1985 UNCITRAL Model Law,5)Article 19 of the…
…Republic, an UNCITRAL tribunal held that unless a decision of the Czech municipal courts in refusing to enforce an arbitral award on public policy grounds was (i) arbitrary, (ii) discriminatory,…
…Siemens v. Argentina (ICSID Case No. ARB/02/8 – August 3, 2004); National Grid v. Argentina (UNCITRAL – June 20, 2006); and RosInvest v. Russian Federation (SCC Case No. V079/2005 –…
…with the reform of the Arbitration Act of 2003. The United States’ statute on arbitration, the Federal Arbitration Act (“FAA,” found at 9 U.S.C. Section 1 et seq.) was enacted…
…The QFC has set Arbitration Regulations in 2005, which are based on the UNCITRAL Model Law; however, until today there were no cases trialed under the QFC Rules. Until today…
…issues are most pronounced in Vietnam, where despite some progress toward reform it is unclear whether the government has the political will to rein in SOEs and reduce the preferential…
…Arbitration Act, based on the UNCITRAL Model Law, is pending before the National Assembly. Ijaz Ahmed, Ijaz Ahmed & Associates, Karachi, Pakistan Laurence Burger, Winston & Strawn LLP, Geneva, Switzerland…
…case or establish their defense. Granted, those of us in-house counsel wanting reform may not be rocket scientists (actually, I know an in-house lawyer who was a nuclear engineer in…
Costa Rica has a new Arbitration Law, which is based on the 2006 version of the UNCITRAL Model Law. The relative speed with which the new Arbitration Law was adopted…
…the internationally-recognised and accepted framework of the UNCITRAL Model Law (the “Model Law”), with certain modifications (and additions) which reflect the specific features of arbitration in the region. Overview The…
…nationality of arbitrators – either expressly or through the incorporation of institutional rules, including the ICC, LCIA and UNCITRAL rules (e.g. in order to support the arbitrator’s perceived neutrality). Since…
In the recent investment treaty case Alps Finance Trade AG v Slovak Republic, an UNCITRAL tribunal had to consider whether Alps had satisfied the obligation contained in Article 9 of…
…two decades. What it now urgently needs is a five-year plan to reform and modernise its courts and create the necessary infrastructure for arbitration to flourish in its shores. A…
…efficiency at the cost of not having their case properly heard; the trick is to reform matters such that the admitted or agreed excesses of arbitration are reduced without sacrificing…
…New York Convention. This amendment foreshadowed UNCITRAL’s addition of Article 17J to the UNCITRAL Model Law the following year. Article 17J expressly provides that courts located outside the arbitral seat…
…reform, it is proposed that Hong Kong will roll out a Financial Dispute Resolution Centre (“FDRC”) in 2012. The FDRC is intended to be a platform for retail investors who…
…exists, a state court would have to stay proceedings. Berger suggests that instead of amending a national statute, an international solution should be explored, e.g., UNCITRAL could prepare an interpretation…
…Convention intended that international arbitration be speedy, efficient and effectively enforced; the drafters of the UNCITRAL Model Law had similar objectives, including by requiring prompt challenges to jurisdictional awards (in…
…dominated by either ad hoc proceedings or ICSID proceedings. Ad hoc proceedings, although not always, frequently rely on the PCA to act as appointing authority and use the UNCITRAL Arbitration…
